French v. Gabriel

In French v. Gabriel, 116 Wn.2d 584, 806 P.2d 1234 (1991) the Court recognized the viability of the common law doctrine of waiver, but concluded that under the facts of that case the defendant had not waived the defense. In French, the plaintiff argued that the defendant waived the defense of insufficient service of process by filing an untimely answer, objecting to a trial date, taking a deposition, and consenting to amendment of the complaint. The plaintiff also argued that the defendant waived the defense because he delayed in filing his answer to the complaint. The Court held there was no waiver because the defendant preserved the defense by pleading it prior to objecting to the trial date, taking a deposition, and consenting to amendment of the complaint. French, 116 Wn.2d at 594.